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Extended family members of EEA nationals

08 March 2019 Brexit & EU Migration Iain Halliday

The Upper Tribunal recently issued a judgement addressing the rights of extended family members of EEA nationals in the UK. The case is Kunwar (EFM – calculating periods of residence) [2019] UKUT 63 (IAC).

It clarifies and confirms the well established distinction between direct family members (such as spouses and children under the age of 21) and extended family member (such as an unmarried partner, dependant relative, or member of the EEA national’s household). Extended family members do not have an automatic right to reside in the UK and must be issued with a document by the Home Office before they can begin accumulating time towards permanent residence.

Despite the UK’s impending departure from the EU, the case will still be of relevance to EEA nationals in the UK as, under the Government’s settled status scheme, extended family members must have been issued with a document under the current EEA Regulations in order to meet the definition of family member. In the event of a ‘no deal’ Brexit such family members will need to have been issued with a document before 29 March 2019 in order to benefit from the settled status scheme. Any extended family members without a residence document should therefore apply for one as soon as possible.

For a more in depth look at the decision, see my recent post on the free movement blog.

 

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